Cancellation of Removal

Cancellation of Removal is one way to prevent deportation.

It may be available to green card holders as well as those without green cards who are in removal proceedings. Some of the general requirements include:

  • You have been continuously living in the United States for a period of time;
  • You can demonstrate that you have “good moral character”;
  • You have not been convicted of certain crimes or violated certain laws; and
  • For non-green card holders, you must also show that being removed from the United States would cause “exceptional and extremely unusual hardship” to your qualifying family members, who are United States citizens or lawful permanent residents;

Cancellation of Removal allows an immigration judge to adjust your status from deportable to one admitted for permanent residence, which means that you may be eligible for a green card.

However, it is important to know that even if you meet all of these basic requirements, the immigration judge can still exercise discretion about whether or not to grant Cancellation of Removal. That is why it is important to be honest, sincere, and explain in detail why you think you should be allowed to remain in the United States and receive a green card.

Click here to learn about other ways to prevent deportation.

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